ECM Energy Services Case SummaryCase Summary: A class and collective action overtime lawsuit has been filed in Pennsylvania Federal Court on behalf of all Traffic Control/Manifold Attendants (TMAs) employed by ECM Energy Services who were paid utilizing a day rate pay scheme that did not provide a time and a-half premium for all overtime hours worked. ECM is an energy services company focused on trucking natural gas, oil and water in the Marcellus and Utica shale areas (Ohio, West Virginia and Pennsylvania).
The lawsuit alleges that TMAs were regularly required to work 48 (or more) hours per week, however, their compensation did not include overtime pay for the hours worked in excess of 40 each week. Instead, employees were paid only their set day-rate multiplied by the number of days worked during each workweek.
The lawsuit, filed under both federal law and the Pennsylvania Minimum Wage Act (PMWA), seeks to recover damages that include back unpaid overtime wages for the past 3 years, prejudgment interest, double damages on federal law claims and attorneys’ fees.